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THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, January 13, 1999
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard consisting of Pages Rachel Smith and Kyle Potter, presented the Colors. Reverend Carol Johnson-Sorenson, pastor of the Pacific Pastoral Counseling Service of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
March 16, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Dr. Dean K. Brooks, reappointed March 10, 1998, for a term ending December 5, 2001, as Chair of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
March 17, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Dorothy Blake, appointed March 17, 1998, for a term ending December 5, 2001, as a member of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
March 17, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Shirley Havenga, appointed March 17, 1998, for a term ending December 5, 2001, as a member of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
March 17, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Pat Lovett, appointed March 17, 1998, for a term ending December 5, 2000, as a member of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
March 17, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Ani Clipper Maxfield, appointed March 17, 1998, for a term ending December 5, 2001, as a member of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
March 19, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Suzanne Leichman, appointed March 17, 1998, for a term ending December 5, 2001, as a member of the Western State Hospital Advisory Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Health and Long-Term Care.
December 28, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Katherine Kenison, appointed December 28, 1998, for a term ending September 30, 2003, as a member of the Board of Trustees for Big Bend Community College District No. 18.Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
December 30, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Charles Davis, appointed December 24, 1998, for a term ending December 26, 2001, as a member of the Board of Pilotage Commissioners.Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Transportation.
January 11, 1999
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Eugene Prince, appointed January 11, 1999, for a term ending January 15, 2005, as Chair of the Liquor Control Board.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Commerce, Trade, Housing and Financial Institutions.
INTRODUCTION AND FIRST READING
SB 5094 by Senators Oke, Jacobsen, B. Sheldon, Bauer, Gardner, T. Sheldon, Fairley, Fraser, Winsley, McAuliffe, Long, Eide, Kohl-Welles, Costa, Haugen and McCaslin
AN ACT Relating to personal flotation devices; amending RCW 88.12.115; and prescribing penalties.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5095 by Senators Thibaudeau, Horn, Kohl-Welles, Patterson, Haugen, Prentice and Costa
AN ACT Relating to public corporations, commissions, and authorities; and amending RCW 42.30.020 and 42.17.260.
Referred to Committee on State and Local Government.
SB 5096 by Senators B. Sheldon, West, Loveland, Hale, McCaslin, Rossi, Goings, Johnson, Gardner, Winsley, McAuliffe and Oke
AN ACT Relating to business and occupation tax exemptions for wholesale transactions involving motor vehicles at auction; amending RCW 82.04.317; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5097 by Senators Haugen, Honeyford, Gardner, Patterson, Bauer, Rasmussen, McCaslin, Hale, Sellar, Benton, Swecker, Winsley, Eide, Prentice and Roach
AN ACT Relating to the office of archaeology and historic preservation; amending RCW 27.34.020, 27.34.210, 27.34.220, 27.34.230, 27.34.240, 27.34.270, 27.34.280, 27.34.310, and 88.02.053; and creating a new section.
Referred to Committee on State and Local Government.
SB 5098 by Senators Kohl-Welles, Winsley, Patterson, Long, Brown, Horn, Thibaudeau, Heavey, Spanel, Snyder, Hale, Prentice, Kline, Fraser, McAuliffe and Costa
AN ACT Relating to the Washington state women's commission; adding a new chapter to Title 43 RCW; creating a new section; and making appropriations.
Referred to Committee on State and Local Government.
SB 5099 by Senators Haugen, Sellar, Rasmussen, Benton, Oke, Gardner, Swecker, Goings, Horn, Eide, Patterson, Morton, Prentice and Costa
AN ACT Relating to the powers and duties of commercial vehicle enforcement officers; adding new sections to chapter 43.43 RCW; and creating a new section.
Referred to Committee on Transportation.
SB 5100 by Senators Haugen, Sellar, Spanel, Gardner, Heavey, Benton, Oke, B. Sheldon and Kohl-Welles
AN ACT Relating to vehicles boarding ferries; adding a new section to chapter 46.61 RCW; and adding a new section to chapter 47.60 RCW.
Referred to Committee on Transportation.
SB 5101 by Senators Haugen and Rasmussen
AN ACT Relating to avoiding farmland conversion; and adding a new chapter to Title 89 RCW.
Referred to Committee on Agriculture and Rural Economic Development.
SB 5102 by Senators Haugen, Snyder, Winsley, Goings, Gardner, T. Sheldon, Bauer, Rasmussen, Hale, McCaslin, Sellar, Swecker, Patterson, Morton, Prentice, Oke, Kohl-Welles and Costa
AN ACT Relating to establishing and funding fire fighter training; amending RCW 43.43.934, 43.43.944, 41.16.050, and 41.24.170; and making appropriations.
Referred to Committee on Transportation.
SB 5103 by Senators Haugen, Swecker, Jacobsen, Fraser, Spanel, Morton and Rasmussen
AN ACT Relating to Washington's coastal zone program; adding new sections to chapter 43.21A RCW; creating new sections; and providing an expiration date.
Referred to Committee on Environmental Quality and Water Resources.
SB 5104 by Senators Haugen, Swecker, Spanel and Fraser
AN ACT Relating to catch and release recreational fisheries; adding a new section to chapter 77.12 RCW; and creating a new section.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5105 by Senators Eide, Morton, Jacobsen and Winsley (by request of Department of Health)
AN ACT Relating to revising the definition of public water system to include systems providing water through constructed conveyances, in conformance with federal law; amending RCW 70.119A.020; and creating a new section.
Referred to Committee on Environmental Quality Water Resources.
SB 5106 by Senators Eide, Morton, Jacobsen, Goings, Winsley, Oke and Costa (by request of Department of Health)
AN ACT Relating to the authority of local health jurisdictions regarding properties contaminated by toxic chemicals used in the manufacture of illegal drugs; amending RCW 64.44.010, 64.44.020, 64.44.030, 64.44.040, 64.44.050, and 64.44.060; and creating a new section.
Referred to Committee on Environmental Quality Water Resources.
SB 5107 by Senators Fairley and Fraser
AN ACT Relating to the Puget Sound action team; and amending RCW 90.71.010, 90.71.020, and 90.71.030.
Referred to Committee on Environmental Quality Water Resources.
SB 5108 by Senators Patterson, Johnson, Eide, Rossi, Prentice, T. Sheldon, Winsley, McAuliffe, Oke, Kohl-Welles and Costa (by request of Lieutenant Governor Owen)
AN ACT Relating to missing and exploited children; amending RCW 43.08.250; adding new sections to chapter 13.60; and making an appropriation.
Referred to Committee on Human Services and Corrections.
SB 5109 by Senators Patterson, McAuliffe, Prentice, Johnson, Hochstatter, Brown, Heavey, Kline, Finkbeiner, Benton, Winsley, Oke and Kohl-Welles
AN ACT Relating to immunity for school districts that make their facilities available to certain private nonprofit groups serving youth; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 4.24 RCW; creating a new section; and providing an effective date.
Referred to Committee on Education.
SB 5110 by Senators Patterson, Heavey, Eide, Thibaudeau and Roach
AN ACT Relating to airport noise property tax exemptions for port district property taxes; amending RCW 84.55.010; adding a new section to chapter 47.68 RCW; and adding a new section to chapter 84.36 RCW.
Referred to Committee on State and Local Government.
SB 5111 by Senators Franklin, Winsley, Thibaudeau, Wojahn, McAuliffe, Fraser, Prentice, Rasmussen, Kline, Brown, Eide, Bauer, Costa, Jacobsen, Spanel, Goings, Loveland, Gardner, Fairley, B. Sheldon and Kohl-Welles
AN ACT Relating to health insurance discrimination on the basis of genetic information; reenacting and amending RCW 48.43.005; and adding a new section to chapter 48.43 RCW.
Referred to Committee on Health and Long Term Care.
SB 5112 by Senators Franklin, Winsley, Thibaudeau, Wojahn, McAuliffe, Deccio, Prentice, Costa, Rasmussen, Fraser, Brown, McCaslin, Patterson, Spanel, Eide, Kline, Bauer, Loveland, Jacobsen, Goings, Hale, Swecker, Haugen, Fairley, Gardner, B. Sheldon, Rossi, Johnson and Kohl-Welles
AN ACT Relating to health insurance benefits for mastectomies; adding a new section to chapter 48.43 RCW; adding a new section to chapter 41.05 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5113 by Senator T. Sheldon
AN ACT Relating to requiring a formal hearing on proposed water company rate increases when requested by affected customers; and amending RCW 80.04.130 and 80.28.060.
Referred to Committee on Energy, Technology and Telecommunications.
SB 5114 by Senators Honeyford, Thibaudeau and Deccio
AN ACT Relating to an exemption from annual inspections for hospitals accredited by the American osteopathic association; and amending RCW 70.41.122.
Referred to Committee on Health and Long-Term Care.
SB 5115 by Senators Heavey, Prentice, Kline and Fairley
AN ACT Relating to judicial review of public employment relations commission proceedings; and amending RCW 41.56.160.
Referred to Committee on Labor and Workforce Development.
SB 5116 by Senators McCaslin and Roach
AN ACT Relating to qualifications of judges; and amending RCW 2.06.050 and 3.34.060.
Referred to Committee on Judiciary.
SB 5117 by Senator Bauer
AN ACT Relating to parking; and amending RCW 35.86A.050, 35.86A.060, 35.86A.070, and 35.86A.120.
Referred to Committee on State and Local Government.
SB 5118 by Senators Heavey, Roach, McCaslin, Snyder, Rossi, Goings, T. Sheldon, Oke and Costa
AN ACT Relating to motor vehicle theft; amending RCW 9A.56.070, 9.94A.360, and 13.40.0357; reenacting and amending RCW 9.94A.320; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5119 by Senator Hargrove
AN ACT Relating to American merchant marine veterans; and amending RCW 41.04.005.
Referred to Committee on Ways and Means.
SB 5120 by Senator Hargrove
AN ACT Relating to methods of taking cougar and black bear; adding new sections to chapter 77.12 RCW; creating a new section; repealing RCW 77.16.360; and declaring an emergency.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5121 by Senator Hargrove
AN ACT Relating to the establishment of a carbon storage program; creating a new section; and providing an expiration date.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5122 by Senators Fairley and Oke (by request of Department of Labor Industries)
AN ACT Relating to the statute of limitations for the repayment or recoupment of industrial insurance benefits induced by claimant fraud; and amending RCW 51.32.240.
Referred to Committee on Labor and Workforce Development.
SB 5123 by Senators Fairley and Oke (by request of Department of Labor Industries)
AN ACT Relating to factory assembled structures regulated by the department of labor and industries; amending RCW 43.22.335, 43.22.340, 43.22.350, 43.22.355, 43.22.370, 43.22.380, 43.22.390, 43.22.400, 43.22.410, 43.22.420, 43.22.431, 43.22.432, 43.22.434, 43.22.440, 43.22.442, 43.22.450, 43.22.480, and 43.22.485; reenacting and amending RCW 43.22.360; adding a new section to chapter 43.22 RCW; and repealing RCW 43.22.495.
Referred to Committee on Labor and Workforce Development.
SB 5124 by Senators Prentice and Winsley
AN ACT Relating to disclosures made for prize promotions; and amending RCW 19.170.030.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5125 by Senators Loveland, Rasmussen, Morton, Stevens, T. Sheldon and Honeyford
AN ACT Relating to the duties of the commission on pesticide registration; and amending RCW 15.92.090, 15.92.095, and 15.92.100.
Referred to Committee on Agriculture and Rural Economic Development.
SB 5126 by Senators Kohl-Welles, Hargrove, Thibaudeau, Long, Deccio, Prentice, Winsley, McAuliffe, Oke and Costa
AN ACT Relating to protection of persons placed in state-operated or state-funded boarding homes; creating new sections; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
SB 5127 by Senators Kohl-Welles, Hargrove, Long, Heavey, McCaslin, Stevens, Zarelli, Prentice, Kline, Winsley and Costa
AN ACT Relating to investigations of abuse or neglect; adding a new section to chapter 26.44 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5128 by Senators Jacobsen and Prentice
AN ACT Relating to vehicle headlights; and amending RCW 46.37.020.
Referred to Committee on Transportation.
SB 5129 by Senators Heavey, McCaslin, Deccio and Roach
AN ACT Relating to adverse possession; and adding new sections to chapter 7.28 RCW.
Referred to Committee on Judiciary.
SB 5130 by Senators Kohl-Welles, Heavey, Thibaudeau, Brown, Spanel, Snyder, Prentice, Kline, McAuliffe and Costa
AN ACT Relating to expanding the state law against discrimination; amending RCW 49.60.010 and 49.60.040; adding a new section to chapter 49.60 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Judiciary.
SB 5131 by Senators Kohl-Welles, Long, Hargrove, Winsley, Brown, Patterson, Thibaudeau, Prentice and Costa
AN ACT Relating to liability insurance for licensed day-care and family day-care providers; adding a new section to chapter 74.15 RCW; and providing an effective date.
Referred to Committee on Human Services and Corrections.
SB 5132 by Senators Kohl-Welles, Long, Hargrove, Brown, Patterson, McAuliffe and Costa
AN ACT Relating to increasing public and parental access to information regarding child care service; amending RCW 74.15.130 and 74.15.020; adding new sections to chapter 74.15 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
SB 5133 by Senators Roach and Rossi
AN ACT Relating to cougar hunting; and amending RCW 77.16.360.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5134 by Senators Wojahn, Long, Patterson, Roach, Costa, Thibaudeau, Goings, McAuliffe, Kline, Brown, McCaslin, Heavey, Johnson, Prentice, Snyder and Kohl-Welles
AN ACT Relating to full faith and credit for foreign protection orders; amending RCW 26.10.220, 26.26.138, 26.50.010, and 10.31.100; reenacting and amending RCW 9.94A.320; adding a new chapter to Title 26 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5135 by Senators Wojahn, Long, Patterson, Roach, Thibaudeau, Heavey, McAuliffe, Kline, Goings, McCaslin, Brown, Costa, Prentice, Winsley and Kohl-Welles
AN ACT Relating to communications between victims of domestic violence and victims' advocates; and amending RCW 5.60.060.
Referred to Committee on Judiciary.
SB 5136 by Senators Fairley, Patterson, Kohl-Welles, Costa, Fraser, Wojahn, Thibaudeau, Kline and Prentice
AN ACT Relating to a claimant's right to receive unemployment compensation when the claimant leaves work due to domestic violence; and amending RCW 50.20.010 and 50.20.050.
HOLD.
SB 5137 by Senator Roach
AN ACT Relating to abatement of drug nuisances; and amending RCW 7.43.080.
Referred to Committee on Judiciary.
SB 5138 by Senator Roach
AN ACT Relating to regulating body art facilities; amending RCW 43.20.050; adding a new section to chapter 70.05 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SJR 8200 by Senators McCaslin and Roach
Amending the Constitution to remove the requirement that judges be admitted to the practice of law.
Referred to Committee on Judiciary.
SCR 8402 by Senators Franklin, Winsley, Fairley, Wojahn, Thibaudeau, Rasmussen, Jacobsen, Shin, Kohl-Welles, Spanel, Fraser, Gardner, Snyder, Kline, B. Sheldon, Prentice, Goings, Patterson, Loveland, Costa and McAuliffe
Recommending establishment of an interagency task force to conduct a study of contingent work force issues.
Referred to Committee on Labor and Workforce Development.
MOTIONS
On motion of Betti Sheldon, Senate Bill No. 5015, which was held on the desk January 11, 1999, was referred to the Committee on Human Services and Corrections.
On motion of Betti Sheldon, Senate Bill No. 5136 was held at the desk.
MOTION
At 10:06 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease to retire to the House of Representatives for purpose of a Joint Session
JOINT SESSION
The Sergeant at Arms of the House announced the arrival of the Senate at the bar of the House.
The Co-Speaker of the House of Representatives, Frank Chopp, requested the Sergeants at Arms of the House and the Senate to escort the President of the Senate Lieutenant Governor Brad Owen, President Pro Tempore R. Lorraine Wojahn, Majority Leader Sid Snyder and Minority Leader Dan McDonald to seats on the rostrum.
The Co-Speaker of the House of Representatives, Frank Chopp, invited the Senators to seats within the House Chamber.
The Joint Session was called to order by the Co-Speaker of the House of Representatives, Clyde Ballard.
The Clerk of the House called the roll of the House.
The Secretary of the Senate called the roll of the Senate.
The Co-Speaker of the House of Representatives, Clyde Ballard, presented the gavel to President Owen.
APPOINTMENT OF SPECIAL COMMITTEES
The President of the Senate appointed Senators Haugen, Kline, Long and McCaslin and Representatives Chandler, Edmonds, Stensen and Sump to escort the Supreme Court Justices from the State Reception Room to the House Chamber.
The President of the Senate appointed Senators Fraser, Morton, Oke and Prentice and Representatives Barlean, Edwards, Schual-Berke and Skinner to escort the State Elected Officials from the State Reception Room to the House Chamber.
The President of the Senate appointed Senators Loveland and Horn and Representatives Esser and Ruderman to inform Governor Gary Locke that the Joint Session has assembled and to escort him from his office to the House Chamber.
The President of the Senate appointed Senators Heavey and Johnson and Representatives Hankins and Hurst to escort Chief Justice Richard P. Guy to the rostrum.
The President of the Senate greeted and introduced the Supreme Court Justices: Associated Chief Justice Charles Z. Smith, Justice Barbara Durham, Justice Charles W. Johnson, Justice Barbara A. Madsen, Justice Gerry Alexander, Justice Philip Talmadge, Justice Richard B. Sanders, Justice Faith Ireland and Justice Pro Tempore James M. Dolliver.
The President of the Senate greeted and introduced the State Elected Officials: Secretary of State Ralph Munro, State Treasurer Mike Murphy, State Auditor Brian Sonntag, State Attorney General Christine Gregoire, Commissioner of Public Lands Jennifer Belcher and Insurance Commissioner Deborah Senn.
The President of the Senate greeted and introduced Governor Gary Locke and instructed the committee to escort him to the rostrum.
The President of the Senate greeted Richard P. Guy, Chief Justice of the State Supreme Court, and instructed the committee to escort him to the rostrum.
The President of the Senate stated the purpose of the Joint Session was to receive the State of the Judiciary address from Chief Justice Richard P. Guy.
STATE OF THE JUDICIARY
CHIEF JUSTICE RICHARD P. GUY
Chief Justice Guy: "Governor, Lieutenant Governor, Co-Speakers, Senators, Representatives, elected officials, members of the judiciary, distinguished guests, ladies and gentlemen.
“Two days ago, Justice James Dolliver retired following twenty-two years of service on the State Supreme Court and eleven years as Chief of Staff for Governor Evans. Five years ago, Justice Dolliver suffered a serious stroke. Shortly before Jim informed the Court that his doctors told him he could return to work, I visited Jim at his home. Jim saw that I was making my own evaluation of his ability to return. He said, 'Guy, I want you to know my mind is as good as it has ever been.' I replied, 'Jim, that is not altogether reassuring to me.' Jim then announced that I was out of control and that he had to return immediately and he did. Some time later, Barbara Dolliver fell down stairs at their home injuring her head and breaking both wrists. She recovered from those injuries and has resumed writing poetry. In these times, when heroes are tough to come by, I give you Jim and Barbara Dolliver.
“With the consent of the President of the Senate, I would like to ask the Sergeant at Arms to escort former Governor Daniel J. Evans to the House Chambers.”
The President requested the Sergeant at Arms to escort former Governor Evans to the rostrum.
REMARKS BY FORMER GOVERNOR DANIEL J. EVANS
Former Governor Evans: “Forty-two years ago, I wouldn't have needed these. What a privilege it is for me to come back after forty-two years. When I first took my seat, number ninety-eight back there, whoever is occupying it now, and began with the privilege of serving in this House, followed by a career of public service. It was at that same time that Jim Dolliver began his long and distinguished career of public service. Many of you may know, but some may not, that he was the son of an Iowa Congressman and came by his political background naturally. He first came to the Pacific Northwest as a Park Ranger in the Olympic National Park.
“We joined together in 1963 when the House had a coalition. Now, if you think a tie vote is tough, try a coalition sometime. Jim was the attorney for the Republican Caucus. We had three caucuses that year and were quite successful. The next spring, I decided I would take a try at Governor and the first person I turned to was Jim Dolliver. As my campaign manager, and with a borrowed car from a friend of mine, who was a car dealer, we spent over a year traveling the state--every little village we could find--trying to convince people that there was an election coming up, even though it was sixteen months away--and that I was really running for Governor. The election, of course, was successful and my first appointment was Jim Dolliver as my Chief of Staff.
“He was more than just a Chief of Staff or a staff member. He was a friend, a colleague, and in many respects , a mentor, because I found in this intellectual giant someone who could, with compassion and passion, with a knowledge that I could depend on--do the job --of helping run this state. His permanent legacy is long. I mentioned that he first came to this state as a Park Ranger in the Olympic National Park. One of my first hikes from Camp Parsons was into the Olympic Mountains, more than fifty years ago. I still enjoy going back into those mountains. We spent a lot of time talking about hikes and places to go when we probably should have been talking about state problems of importance. These were problems of importance. Out of it came some of the first environmental legislation, in the protection of the ocean strip of the Olympic National Park--the beginning of what has flourished in the years since of helping to protect this extraordinary land we all have the responsibility for.
“He is a life-long Republican--a life-long Republican--who believes strongly in equality, in compassion, in conservation, and economic conservatism. He is an intellectual giant and yet one who has a twinkle in his eye and who frequently gave me some real good advise. One piece I will pass along--On occasion as Governor, I would sit down and dictate a letter of massive retaliation against someone. But, I did have the good sense to always show it to Jim. He would look at it and say, 'Governor, that is a whale of a letter; that's marvelous. Why don't you sit on it for twenty-four hours,’ and I would. I would come back and sometimes, I would say, 'Well maybe I shouldn't send it,' and other times, I would still be ready to go and he would say, 'That letter is so good, it belongs in the archives for future generations.'
“There are other things in the archives and I have to share with you one memo of hundreds that passed between Jim Dolliver and I during those days that I was Governor. Some day, a graduate student in history will dig through the archives and find many of those memos--probably scratch their head and wonder what in the world they were talking about.
“This one to me said, 'Further expatiation of word, which is sometimes an intransitive verb and sometimes a noun or it is an unknown.’'
Recently, Loretta, my scheduling secretary, inquired of you of whether you wish to meet this person. You responded, 'Oh, piffle.' In earlier times I felt that I had a firm grasp in gubernatorial nuance and meanings. However, in recent months, some rather considerable errors in interpretation have been made. I am of the view that 'Oh, piffle' while it might sound negative really has certain characteristics of the affirmative. This view gains weight when the definitions of 'piffle' are examined--to talk in a trivial inept or ineffective way--perhaps a blend of trivial and trifle or trivial nonsense or ineptitude-- hit the gavel.
“Loretta says you have said, 'Oh piffler,'i.e.anyone who piffles, but that seems unlikely. If it was a case of bad reporting, it may have been you said, 'Oh, piffer, which is a member of the Fungsize Irregular Frontier Force, but since you are navy not army, we have discarded that possibility. I suggested you might has said 'Oh, Pifflilor' which is an old Italian wind instrument used by shepherds, i.e. a bag pipe, but Ralph Munro was not in the office and besides, he is Scotch. As you can see, all meaningful works have stopped until this matter is clarified. Please, check one of the following: I WILL SEE HIM--YES __; NO___; SEE ME___; NONE OF THE ABOVE___.
“As I have said, that is only one of scores of similar memos that made each day a little more pleasant in the most difficult of times.
It is a great privilege for me to not only come back to this Chamber, but to come back for this purpose--to tell Jim and Barbara Dolliver how much Nancy and I love them, how much they have meant to not only a political career, but how much they have meant to our lives. They are great people. The Supreme Court and the state will love an intellectual giant, but we will all be blessed by the more than forty years he has given to public service.”
FURTHER REMARKS BY CHIEF JUSTICE GUY
“Chief Justice Guy: “I was really hoping that Dan Evans would sit over there next to Co-Speaker Chopp, because yesterday the Co-Speaker announced to everybody that at family dinners, one of the great subjects of debate was whether Dan Evans was a Republican or a Democrat. It seemed to me they could work that out now.
"The last time, Governor Evans, Justice Dolliver and I were in this chamber together, Dan Evans was a State Representative, Jim Dolliver was the attorney for the Republican Caucus, and I was the Speaker's attorney. We, like everyone in this chamber, are proof that the American dream is not dead. We can be anything we want, do anything we want. All we have to do is create our personal vision and work to achieve it.
“A point of personal privilege. My wife Lynn also has a strong feeling of affection for this House. She was the receptionist for the Speaker during the 1963 Session. We were both from Spokane and had known one another. We became engaged during the session and married the following November. We have now been married thirty-five years. By your leave, I introduce Lynn, our three children Victoria, Heidi and Emily, and our two grandchildren, Jeremy and Jessica.
“The purpose of this address is to advise you on the present state of the judiciary and inform you of our legislative requests for the next biennium. The judges of this state are proud, dedicated and independent. We are not insular or political advocates. We are competent people representing in our makeup all segments of Washington society. Issues are decided on their merits--not prejudged. Judges of this state are involved in their communities and active in improving the justice system. I want you to see the faces of representative state judges and to better understand how committed they are to their work and to the people they serve.
“I have invited three judges representing the district courts, superior courts and appeals courts of this state and will introduce them to you now. Judge Jim Riehl is a District Court Judge from Kitsap County. With assistance from the Supreme Court's Gender and Justice Commission, Judge Riehl organized a Domestic Violence Summit for Kitsap County. Participants included teachers, doctors, police, social service organizations, business leaders and judges. From that conference, Judge Riehl developed a plan for such conferences that are being presented to the American Bar Association as a model.
“Domestic violence is destructive of every aspect of family life. It not only damages the people directly involved, but children, grandparents, family members, friends, business associates, teachers, and medical personnel. During this session, the domestic violence coalition will propose enabling legislation in furtherance of the Federal Full Faith and Credit Domestic Violence Act. It will allow local prosecutors to enforce protection orders from other states to safeguard those who have fled to our jurisdiction. I support that legislation.
“Judge Patricia Hall-Clark is a Superior Court Judge from King County, first as Court Commissioner and now as a Superior Court Judge. Her work has been that of a Juvenile Court Judge and Family Court Judge. I know the Becca Bill has cost and hearings implications, and I presently make no comment on that aspect of the law, but Judge Clark, by her presence, wants to thank you for that legislation. She wants you to know that she has had children return to her court and tell her that what she did for them, under the authority of the Becca Bill, saved their lives. Judges support family courts. We believe the family court must unify all aspects of law involving family issues, from juvenile to dissolution, under one division of the Superior Court. A family court must be served by judges who want to hear family law cases and who will be the family court judge for a term sufficient to give consistency and resolution to cases. The majority of dissolution cases involve pro se litigants. They need judges who will resolve their disputes with patience and fairness, and I ask you to consider legislation that promotes Unified Family Courts. We address funding for family courts in a Court Improvement Act, which I shall discuss with you today.
“Judge Dennis Sweeney is Chief Judge of the Courts of Appeals and serves on the third division of the Court in Spokane. He lives in the Tri-Cities. The bar association of the Tri Cities has one hundred percent participation in the local pro bono program to assist low income people of the area. When Judge Sweeney practiced law in Kennewick, he was a part of the local pro bono program, and as a judge he is a member of the Washington State Bar Association's Committee on Access to Justice. While not every local bar association has one hundred percent participation in pro bono services, free legal services are provided throughout the state by every local association and the services are worth thousands of dollars.
“I recognize that lawyers have their critics. However, in the area of giving money and help to provide services to people who need to access the system, who can't afford a lawyer and don't know where to turn, the lawyers of this state have been magnificent. Our courts would be unable to assist the citizens in resolving their legal problems without the contribution of the pro bono lawyers. On behalf of the judiciary, I thank them. In addition to the services provided by local attorneys, it is also essential to have legal service clinics that are organized to service the public in certain areas. I will discuss Access to Justice funding when I later speak about the Court Improvement Act we are suggesting.
“I am aware that some of you may believe that courts, and the Supreme Court in particular, are activist and fail to recognize that a court's function is to interpret legislation and the Constitution and not to usurp legislative policy making. Those of us who chose law as a career did so with an appreciation of a system of governance and order that evolved from the time people first joined together for collective security to our present democratic republic. There has always been a separation in the function of a legislative body and judicial body.
“There is, by us in the judicial branch, reverence for the Legislature. Your acts are those of the people through representative government. You, through your legislation and through the purse, have a coextensive check and balance on us, as well as the executive branch. We understand our role, apply the laws you enact, interpret legislation hopefully as you intended, and protect our great charter, the Constitution. We do work, and will continue to work together, with you and the executive branch to enhance and protect our society. We will do nothing to diminish your role as the representatives of the people.
“Next, I wish to discuss with you legislative proposals and suggestions, as well as activities we are undertaking, to make the courts more efficient. I have suggested that lawyers who run for judicial positions have some experience as lawyers. This proposal is not original but is one of the recommendations made by the Walsh Commission to the Supreme Court. My suggestion is that those who wish to be Supreme Court Justices serve a minimum of ten years as a member of the bar. Those who seek to be Court of Appeals Judges should serve a minimum of seven years as a member of the bar. And those who seek to be Superior Court Judges should serve a minimum of five years as a member of the bar. At present, the only court which requires years of experience as a member of the bar is the Court of Appeals. The Supreme Court, the Superior Court Judges Association, and the Board for Judicial Administration of the State Judiciary, have each endorsed this proposal. While this proposal has been criticized as elitist and protectionist, I see it as a response to the public's need to have more knowledge about judicial candidates. At the very least, the public should be able to understand that all candidates have certain minimum qualifications. This should provide the public with some assurance that the people to whom they entrust their children, their property, and their rights have the wisdom of experience. This proposal is not in response to any individual. Rather, it is a perceived need studied and not pursued. I look to your collective wisdom on this proposal and invite sponsorship to this constitutional amendment that ultimately would be evaluated by the vote of the people.
“There is a wonderful song in the play and movie Cabaret that Money Makes the World go Around. While money may indeed make the world go around, the lack of money can also make the world stop. The trial courts are underfunded, and the criminal justice system is overwhelming the trial courts' ability to deal responsibly with civil justice.
“To assist the trial courts in performing their responsibilities of providing justice in a timely and available manner, both in criminal as well as civil proceedings, we propose what we have termed the Court Improvement Act of 1999. This proposal would fund the salaries of all trial judges, district and superior, from the State general fund rather than county money. In addition this Improvement Act would provide necessary training for local police officers so they would better understand the statutory and constitutional requirements of their jobs. The Act would allow some flexibility in how court services are delivered by employing business-enhancing best practices approved by the Board for Judicial Administration. Finally, the Improvement Act would provide funding for legal services in that in large measure it will be used to assist low income people in resolving domestic disputes that are so procedurally difficult, and in addressing landlord and tenant conflicts.
“Legal services are as critical to our citizens' well being as are medical services. Legal service assistance is essential to the judiciary in the performance of our duties of insuring that people before the court know their choices and their rights and their responsibilities under the law. The judiciary supports the funding of legal services, and we ask you to continue to support those services that are so vital to the people by supporting this funding proposal. We do not come before you with these funding requests without bringing to the table potential enhanced public safety penalty fees and litigation filing fees. Our contribution through these fees would provide to the state more than half of the requests for state money sought in the Improvement Act. The legislation has been pre-filed.
“Two years ago you provided funding for the Supreme Court to create a Commission on Justice, Efficiency and Accountability. Under the leadership of then-Chief Justice Barbara Durham, the Commission undertook its work. It identified the need for funding expressed in the Court Improvement Act. It reviewed and approved trial court standards for all trial courts. It identified the missions of the courts and categorized them by whether they were core or non-core missions. We are now at the heart of the work. Our final effort will be to determine how well we perform our missions and identify who should perform those functions. As a part of that evaluation, we will also consider alternatives that may be offered to litigants to resolve their cases.
“In today's world, there are no monopolies, and that includes government services. Private judging supplements, and in some cases supplants, the judiciary. Cost, time, selection of a judge, and certainty of a trial date are some of the reasons private judging has become popular. We must adjust governmental services, including the judiciary, to meet the needs of the people. Protracted and delayed justice is making civil justice no longer available. Our courts will become criminal courts almost exclusively. Petty drug enforcement cases are overwhelming us. Technology demands of a changing society require that we in the judiciary examine how we do business and whom we serve. We are undertaking that evaluation.
“Some time ago the Supreme Court commissioned a study on the functions of the District Courts. Justice Charles Johnson has agreed to chair a subcommittee of the Board for Judicial Administration to evaluate that study's recommendations and possible implementation. The Supreme Court is aware that in this state there are more than 385,000 unserved warrants issued by district courts. These warrants arise from misdemeanor arrests, DUI arrests, and major traffic infractions. Often a convicted offender will move beyond a county's jurisdiction and thus avoid arrest and, if arrested, avoid being returned to the county where the charge originated. Out-of-county warrants are not routinely served because of the cost in transporting a prisoner back to the county where the warrant was issued. The county where an offender later resides has no jurisdiction to try the person or to order local jail time since the district court's jurisdiction is limited to its county.
“Finally, no county wants to use its resources or its crowded jail to remedy another county's problem. Justice Johnson's subcommittee will also make recommendations on how to resolve the outstanding warrant problem. The solutions may include both legislation and a change of court rules. I am pleased to advise that members of the Senate and House Judiciary Committees have agreed to serve on this subcommittee to help shape the solutions and report back to the Legislature.
“You will receive shortly a copy of a report by the Supreme Court Domestic Relations Commission and the Gender and Justice Commission of the Supreme Court on the parenting plan. The report is being presented to the judiciary committees of both houses by the researcher. The report validates the need for parenting plan legislation. It does identify current requirements that appear counter-productive and states that the forms required have become too numerous and difficult to complete. The majority of parties dissolving their marriage are not represented by attorneys but appear pro se. Of those who represent themselves in their dissolution actions, up to eighty percent must return to court for modification because of changes that occur or because some needed element of the dissolution was not made a part of the original action. The report points out the need for a family court judge who can provide continuity for the parties and resolve their disputes more efficiently and right the first time.
“Another concern of the courts is the time it takes to place children in permanent homes after there has been a termination of parental rights. Foster care is designed to be temporary but often becomes long term. A Permanency Oversight Committee has devised a framework for permanency planning and accomplishment to ensure that children in foster care have families of their own. The five-year plan for ensuring permanent families is now before you for your evaluation. While there are no legislative requests, the plan does involve the participation of the Department of Social and Health Services, an agency funded by you.
“It is difficult for me to express to you the reverence we judges have for the Legislature as being representatives of the people. We appreciate the complexity of the tasks assigned to you and understand that you do business in great waters. We do so by giving life and expression in our courts to your legislation. We are an independent branch of our great government that strives to do the public's business in this time of social change and limited resources. However, neither the Judiciary nor the Legislature nor the Executive can act alone in governance. We are a team working together for the common good.
“I pledge to you our advice on legislation, past and future, and our efforts in making business changes in managing the courts that are consistent with constitutional and statutory imperatives. In the future, the ability of all of us will be needed to intelligently discern between areas of ethical concern and statutory needs in the application of genetic research. The uses to which the computer is being put and will be put involve privacy concerns and business practices which will be issues of first impression for legislators and courts requiring collective thought.
“This is the State of the Judiciary. We are proud, dedicated and independent. We are proud of our role in being the forum where grievances and disputes may be resolved fairly. We are dedicated to improving the management of the services we provide. We believe in judicial independence. We will never be partisan in our decisions. We will do what is right under the law, however unpopular. I am proud of our state judges and even more proud of being able to represent them to you today.
“You have been kind to invite me to this, your chamber. You have been kinder still in listening to me. By your leave, I step down from this, your bench, and go where I belong, with the judges of this state now before you."
The President of the Senate thanked Chief Justice Guy for his State of the Judiciary Report and requested the committee to escort the Chief Justice from the House Chamber.
The President of the Senate requested the committee to escort Governor Locke from the House Chamber.
The President of the Senate requested the committee to escort the State Elected Officials from the House Chamber.
The President of the Senate requested the committee to escort the Supreme Court Justices from the House Chamber.
On motion by Representative Lisk, the Joint Session was dissolved.
The President returned the gavel to Co-Speaker of the House of Representatives, Speaker Ballard.
The Co-Speaker of the House, Speaker Ballard, requested the Sergeants at Arms of the House and Senate to escort the President of the Senate Lieutenant Governor Brad Owen, President Pro Tempore R. Lorraine Wojahn, Majority Leader Sid Snyder and Minority Leader McDonald from the House Chamber.
The Co-Speaker of the House, Speaker Ballard, requested the Sergeants at Arms of the House and Senate to escort the Senators from the House Chamber.
The Senate was called to order at 11:13 a.m. by President Owen.
MOTION
At 11:13 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon., Thursday, January 14, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate